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National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
The role of the Constitutional Court in the environmental protection.
 Domesová, Simona ; Stejskal, Vojtěch (advisor) ; Sobotka, Michal (referee)
This thesis aims to find out what the role of the Constitutional Court of the Czech Republic in environmental protection is. It should be found out through analysis of the case-law in this field. At first it follows up the characteristics and history of the Constitutional Court of the Czech Republic. It continues by talking about sources of environmental law and the most important chapter contains analysis of the cases. The thesis discusses the right to the favorable environment, the right to environmental information, the EIA procedure, the Aarhus Convention and the collision of the right to a favorable environment with other rights and freedoms as the most important topics. The thesis showed that the Constitutional Court ruled several times during his practice significantly in favor of the environment. But the less positive conclusion of the thesis is that Czech Republic law does not fully comply with the Aarhus Convention despite it is our obligation. The Constitutional Court will surely deal with this topic again. And the praxes will show us whether we are able to move our legislation closer to public participation in the processess related to the environment. Powered by TCPDF (www.tcpdf.org)
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Case-law of the Court of Justice of EU in the field of the environmental protection (in the area of access to environmental decision-making)
 Müller, Jan ; Franková, Martina (advisor) ; Snopková, Tereza (referee)
: This thesis aims to analyze the case-law of the Court of Justice of the European Union in the field of legal protection of access to environmental decision making, with prejudice to the EIA process, consequently to ascertain the compliance of the legal order of the Czech Republic with the law of the European Union in the area of study and therefore assess the possibilities of the future developments in this matter. To do so, this thesis firstly describes the basic properties of access to environmental decision making and its legal basis both in the international law and the law of the European Union. Secondly, the pertinent statutes of the Czech Republic are analyzed in this regard on the basis of the Case C-368/09, Comission v. Czech Republic and then conclusion is reached that even after the amendment of Act No. 100/2001 Coll., on the ascertaining of effects on the environment, Czech Republic does not comply with the requirement to correctly transpose the European Union law. The analysis proceeds with next step to ascertain whether Czech Republic complies at least with the requirement to implement the European Union law accordingly. This goal is accomplished by analyzing the caselaw of the Court of Justice dealing with legal problems pertaining to the legal orders of Federal Republic of Germany...
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